协商和侵权行为法解决环境外部性问题经济学分析

Negotiation and Tort Law to Address Environmental Externalities of Economic Analysis

摘要: 环境外部性问题是市场失灵的重要表现，其症结在于产权的难以界定。产权不清是导致外部性的原因。通过产权明晰使资源得到有效的配置，可促使环境外部性问题内在化。解决环境外部性的传统模式主要是依靠政府相关职能部门行政管理模式，其易于操作和控制，在短期内有明显效果，但缺乏可持续性。协商和侵权行为法对环境外部性问题的解决具有重要的作用，它们也需要不断研究完善。对于用协商和侵权行为法解决环境外部性问题提出了几点建议。

Abstract: The problem of environmental externalities was an important manifestation of market failure, the crux of the problem was difficult to define the property rights. Unclear property rights resulted in the externalities. Through clear property rights, the resources can be effectively configured, which contribute to internalize the environmental externalities. The traditional model of dealing with environmental externality was mainly to rely on the government of relevant administrative de-partment, which was simple, easy to operate and control, and had obvious effect in the short term, but lacking of sustainability. Negotiation and tort law had an important role in solving the problem of environmental externalities, they also need to be studied and improved constantly. Several suggestions were put forward for addressing the environmental externality problem by negotiation and tort law.